Wednesday, 20 July 2011

Update: Lawyer Monica Mbaru has provided more detail to Beyond The Mask. Suggests it could be test case for challenging sodomy laws.

As the LGBTI community in Kenya seeks to address equality and non-discrimination based on the new constitution, a case like John’s gives that opportunity to address decriminalization of same-sex behavior. As it stands today the sodomy law potentially creates a gap where blackmailers and extortionists use the law to their advantage.

John’s case would form a good test case to challenge these laws and the potential conflicts it creates in addressing personal freedoms and rights as well as other public health concerns.

Further, an arrest based on one’s perceived or real sexual orientation sets in motion other human rights violations most specifically the invasion of privacy.

It seems clear in this case that John has suffered clear violations of his rights including being in custody for six days. He is being charged with a crime that is difficult to prove without having to violate individual freedoms for instance in order to “catch one in the act” it would necessitate an invasion of privacy.

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The Gay Kenya website is reporting that Kenyan media says that two men were arrested last night and will face sodomy charges in a Nairobi court tomorrow.

Media reports say they were caught having sex in a lodging house in the Nairobi CBD.

"The two men are alleged to have been caught in the act by the hotel attendants who broke into their room and called the police," Gay Kenya says.